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The approval of any application and issuance of any permit shall in no way be construed as an assumption of responsibility or liability for any damages or injuries to persons or property arising out of or incident to the moving of any building or structure.
(Ord. 7314, § 1(13), passed 3-17-1976)
The building official shall not approve any application for the moving of buildings and structures governed by the building code of the city, as amended, and the minimum building standards code of the city, as amended, unless he or she first finds that:
(a) (1) The applicant has filed in the city secretary’s office a certificate showing that the applicant has secured and agrees to keep in force during the term of the permit or license a policy providing for bodily injury and property damage insurance in the amounts as follows:
Property damage, per accident | $100,000 |
Personal injury or death, per person | $100,000 |
Personal injury or death, per accident | $300,000 |
(2) Such insurance policy shall provide that it cannot be cancelled or amended without at least 30 days’ notice to the city secretary.
(b) The applicant has covenanted and agreed in writing to indemnify, hold harmless and defend at its own expense, city, its officers, agents and employees from and against any and all claims or suits for property damage and/or personal injury, including death, of whatsoever kind or character, whether real or asserted, arising out of or in connection with the execution, performance or attempted performance of moving of such buildings and structures governed herein whether or not causes, in whole or in part, by alleged negligence of officers, agents or employees of city; and the applicant thereby assumes all liability and responsibility for any and all claims or suits for property damage and/or personal injury, including death, of whatsoever kind or character, whether real or asserted, arising out of, or in connection with, the execution, performance or attempted performance of such moving of such building, whether or not caused, in whole or in part, by alleged negligence of officers, agents or employees of city. The applicant likewise shall covenant and agree and does thereby indemnify and hold harmless the city from and against any and all injuries, damage or destruction of city property arising out of, or in connection with, directly or indirectly, all acts or omissions of applicant, his or her officers, agents, employees, contractors, subcontractors or invitees, or caused by alleged negligence in whole or in part, of officers, agents or employees of city.
(c) The applicant has stated the route to be followed and the height and weight of the load to be moved.
(d) The applicant has recently surveyed the route to be followed and has certified to the building official that the move can be accomplished over such route without causing damage to public or private property.
The building official shall approve the application and issue the permit only if he or she finds that the applicant has complied with the applicable provisions of this article.
(Ord. 7314, § 1(15), passed 3-17-1976)
The building official shall notify in writing all agencies having jurisdiction in the moving of oversize and overweight loads over the streets of the city. The notification shall contain the approved application and statement of the route to be followed.
(Ord. 7314, § 1(16), passed 3-17-1976)
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